38
inadequate hygiene and other deficient detention conditions since the
time of their arrest. Nevertheless, on the basis of the evidence, this
Court accepts as fact that these conditions are typical of Trinidad and
Tobago's prison system and therefore concludes that all of the alleged
victims in the present Case have been subjected to those same
conditions indicated in the previous paragraph.
o)
The detention conditions described above only exacerbate the intrinsic
suffering that the alleged victims already endure due to the impending
imposition of their death penalty.
p)
Of the 32 victims in this case, thirty are currently detained in the
prisons of Trinidad and Tobago awaiting their execution by hanging,
the only exceptions being Joey Ramiah (Case No. 12,129), who was
executed, and Wayne Matthews (Case No. 12,076), whose sentence
was commuted.
q)
On January 27, 1999, the Judicial Committee of the Privy Council
ordered that all executions in Trinidad and Tobago be stayed pending
the decision of the Commission and the Court as to appropriate
recourse for these persons under the American Convention. It also
held that carrying out these sentences prior to the determination of
their petitions before the Commission and the Court would constitute a
breach of the constitutional rights 100 of the alleged victims in this case.
r)
On June 4, 1999, the State of Trinidad and Tobago executed Joey
Ramiah after he had been found guilty of murder and sentenced to
death by hanging (infra paras. 190-200), despite the existence of
provisional measures in his favour, whereby the Court had ordered the
State to stay his execution.
s)
On February 7, 2000, Wayne Matthews was informed that his death
sentence had been commuted to 75 years in prison.
t)
The representatives of the alleged victims have incurred costs in the
course of the processing of these cases before the inter-American
system.
IX
VIOLATION OF ARTICLE 4(1) and 4(2), IN RELATION TO ARTICLES 1(1)
AND 2 OF THE AMERCIAN CONVENTION.
(Mandatory Death Penalty)
Contentions of the Commission
85)
The Commission contended that the State is responsible for violating the
American Convention through the arrest, detention, trial, conviction and sentencing
Krishendath Seepersad (Case No. 12,149), Narine Sooklal (Case No. 12,152), Amir Mowlah (Case No.
12,153), Mervyn Parris (Case No. 12,156) and Francis Mansingh (Case No. 12,157).
100
Cf. Thomas and Hilaire v. Baptiste et al., Privy Council Appeal No. 60 of 1998, supra note 97.